Neutral Citation No. - 2025:AHC-LKO:47437 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6448 of 2025 Applicant :- Shivam Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 4 Others Counsel for Applicant :- Nitin Verma Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Short counter affidavit filed today by Sri Dhananjai Kumar Tripathi on behalf of opposite party no. 2 and 3 is taken on record. 2. Heard learned cousnel for the applicant, Sri Devendra Verma, advocate, holding brief of Sri Dhananjai Kumar Tripathi, counsel for opposite party no. 2 and 3, learned A.G.A. for the State and perused the records. 3. Instant application has been filed with the prayer to quash the entire criminal proceeding of the impugned chargesheet dated 20.06.2024 arising out of Case Crime No. 78 of 2024 u/s- 363, 366, 376 and 5(j)(ii)/6 of Pocso Act P.S.- Masauli District- Barabanki and cognizance/summoning order dated 05.07.2024 passed by Additional District and Session Judge/Special Judge(Pocso Act) in Case No. 1086 of 2024. 4. It is argued by counsel for the applicant that the applicant is innocent and has never committed any offence as is narrated in the first information report. He submits that the applicant and the alleged victim have performed marriage on 08.03.2024, being annoyed, the mother of the victim has lodged the first information report on 11.03.2024 though, there is no truthfulness in the same. He also submits that as per the certificate given by the Principal, where, the applicant was pursuing her study in high school, the prosecutrix was more than 17 years of age at the time of lodging the first information report and as per the statement of her, she was 18 years of age at the said date. He submits that with her own sweetwill, the alleged prosecutrix has performed marriage with the applicant on 08.03.2024 and there is 9 months child from their wedlock and they are happy with their marriage. He added that no fruitful purpose would be sub-served if the applicant would left to face the criminal proceeding, which will cause disturbance into their marital life. 5. He further submits that incidently, both the parties are present in this Court and he requested that this Court may permit to produce them. On such request, he is permitted to produce the prosecutrix before this Court on such permission the alleged victim is produced and identified by his counsel before this Court and when the query was asked to her, she replied that she has performed marriage with the applicant on 08.03.2024 and she is residing with her own sweetwill and there is nine months child from their wedlock. She also requested that the criminal proceedings against applicant may be dropped. 6. Learned A.G.A. as well as counsel for opposite party no. 2 and 3 has supported the version of counsel for the applicant and submits that father is also agreed with respect to the relation of his daughter with the applicant and he don't want to pursue the prosecution case, therefore, this matter would not lead to the punishment. 7. Considering the submissions of counsel for the parties, particularly the statement of the alleged victim, it reveals that she has performed marriage with the applicant and there is nine months child from their wedlock. This Court also finds that no purpose would be sub-served in allowing the criminal proceedings against the applicant, thus, there seems to be merit in the application. 8. Consequently, the criminal proceeding of Case No. 1086 of 2024 arising out of Case Crime No. 78 of 2024 u/s- 363, 366, 376 and 5(j)(ii)/6 of Pocso Act P.S.- Masauli District- Barabanki and cognizance/summoning order dated 05.07.2024 are hereby quashed. 9. The application is allowed accordingly. 10. Consequences to be followed. 11. Consigned to records. Order Date :- 13.8.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench